CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re the Arbitration between New York State Office of Alcoholism & Substance Abuse Services & Ortiz

Victor Ortiz, an employee of New York State Office of Alcoholism and Substance Abuse Services (OASAS) and a member of PEF, was terminated for failing to maintain his required CASAC certification. OASAS did not follow the disciplinary procedures outlined in the collective bargaining agreement (CBA) between PEF and the state, asserting that his failure to maintain certification automatically disqualified him. Ortiz, represented by PEF, filed a grievance, arguing his termination violated articles 33 and 39 of the CBA. When OASAS and the Governor’s Office of Employee Relations maintained that the grievance process was inapplicable, respondents served a notice of intention to arbitrate. Petitioners sought to permanently stay arbitration in Supreme Court, but their petition was dismissed, and respondents' cross-motion to compel arbitration was granted. The appellate court affirmed the Supreme Court's decision, ruling that the dispute, concerning the interpretation and application of the CBA's disciplinary procedures, falls within the arbitration clause of article 34 of the CBA. The court emphasized that it is for an arbitrator to determine if article 33 of the CBA applies to terminations due to loss of required certification.

Public Sector EmploymentArbitrationCollective Bargaining AgreementEmployee TerminationProfessional CertificationDisciplinary ProcedureGrievance ProcessAppellate ReviewJudicial Review of ArbitrationStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
May 07, 2004

In re the Claim of Sweeny

The claimant, a sanitation worker, was discharged from his employment after testing positive for alcohol in his system at work, violating a "last chance" employment agreement. He was subsequently disqualified from receiving unemployment insurance benefits due to misconduct, a determination upheld by an Administrative Law Judge and the Unemployment Insurance Appeal Board. On appeal, the claimant argued that his alcoholism should excuse the misconduct. The court affirmed the Board's decision, ruling that there was insufficient evidence of the "outward behavioral and physiological indicia of alcoholism" required to excuse his misconduct, despite his allegation of being an alcoholic. The decision found no basis to disturb the Board's ruling.

Unemployment InsuranceMisconductAlcoholismLast Chance AgreementAlcohol TestDisqualificationAppellate ReviewAdministrative Law JudgeEmployer Discharge
References
3
Case No. MISSING
Regular Panel Decision

Frederick v. Barnhart

Amy Frederick sought Social Security disability insurance and Supplemental Security Income benefits, which were denied due to her alcoholism being a material contributing factor to her disability. An Administrative Law Judge (ALJ) initially found her disabled but concluded she was ineligible due to alcoholism. Seeking judicial review, the District Court reversed the Commissioner's decision, citing legal errors in the ALJ's assessment. The court found the ALJ failed to determine which mental impairments would persist independently of alcohol abuse and improperly weighed treating physician opinions. The decision highlighted substantial evidence that Frederick's disabling mental impairments existed regardless of her alcohol use, leading to a remand for the calculation and payment of benefits.

Social Security ActDisability BenefitsAlcoholism MaterialityMental ImpairmentBipolar DisorderPost Traumatic Stress DisorderTreating Physician RuleALJ ErrorRemand for BenefitsMedical Evidence
References
28
Case No. MISSING
Regular Panel Decision

In re Milland

This child protective proceeding addresses the neglect of an infant named Natasha, born with Fetal Alcohol Syndrome (F.A.S.). The case examines whether a mother's prenatal alcohol consumption and a father's isolated alcohol misuse constitute neglect. Dr. Steven Kandall testified about Natasha's severe medical and developmental issues caused by F.A.S., emphasizing her need for intense supervision. The court found that the mother's admitted alcohol use during pregnancy, her inability to stop drinking despite warnings, and her child's condition provided a basis for a finding of neglect. The father's two documented instances of intoxication and impaired judgment at the hospital also established a prima facie case of neglect. Ultimately, the court concluded that under the care of either parent, the child with her special needs would be in imminent danger of harm, thus finding both parents guilty of neglect.

Child Protective ProceedingNeglectFetal Alcohol Syndrome (FAS)Parental Alcohol MisusePrenatal ConductImminent Danger of ImpairmentSpecial Needs ChildFamily Court ActSufficiency of EvidenceLoss of Self-Control
References
8
Case No. MISSING
Regular Panel Decision

Johnson v. New York City Transit Authority

The petitioner, a 15-year employee of the New York City Transit Authority named Johnson, was demoted from structure supervisor and foreman to structure maintainer after a disciplinary hearing. This demotion followed a blood alcohol test, which showed .7 milligrams of alcohol per cubic centimeter in his blood, taken after he was involved as a passenger in a minor traffic accident. The Transit Authority's determination was based on an internal, uncodified policy stating that a .5 blood alcohol reading automatically proved intoxication, despite no evidence of Johnson's actual intoxication or poor performance. Johnson testified the alcohol was from prescription cough medicine and two scotches consumed over 21 hours prior. The court, reviewing the determination under CPLR article 78, annulled the demotion, ruling that the finding of unfitness was not supported by substantial evidence, especially considering New York State Vehicle and Traffic Law § 1195 (2)(b) deems a .7 reading prima facie evidence of *not* being intoxicated. The court ordered Johnson restored to his supervisory position with full back pay.

Disciplinary ActionDemotionBlood Alcohol TestUnfitness for DutyCPLR Article 78Administrative ReviewIntoxication PolicyBack PayJudicial AnnulmentPrescription Medication
References
2
Case No. MISSING
Regular Panel Decision

In re Dwayne G.

The Commissioner of Social Services initiated a neglect proceeding against a respondent mother, alleging chronic alcoholism and resultant child neglect. The petitioner sought court orders to compel Long Island College Hospital to produce the mother's alcohol abuse records and to allow the subpoena of an alcohol services counselor. The court granted the motion for record production, citing good cause under Federal law and prioritizing the child's best interests over confidentiality. However, the motion to subpoena the counselor was denied. The court ruled that the petitioner failed to demonstrate the counselor's testimony was "necessary and material" to the neglect determination, differentiating this case from prior rulings where such necessity was established.

Child NeglectAlcohol AbuseConfidentialityMedical Records DisclosureSubpoenaFamily Court ActBest Interests of the ChildPrivileged CommunicationsGood CauseBalancing Test
References
4
Case No. MISSING
Regular Panel Decision

Porter v. Chater

The plaintiff applied for disability benefits, citing a gunshot wound, chronic back pain, and chronic alcohol abuse. The Administrative Law Judge initially denied the benefits, a decision later affirmed by the Appeals Council, finding the plaintiff capable of light work. The plaintiff sought judicial review, contending that the ALJ had failed to adequately consider his back injury and had incorrectly assessed his alcohol dependency. The court upheld the Commissioner's determination regarding the back injury due to insufficient medical evidence. Furthermore, the court applied Public Law No. 104-121, which prohibits disability benefits if alcoholism is a material contributing factor, ruling that this law applied to the plaintiff's pending case. Consequently, the Commissioner's motion for judgment on the pleadings was granted.

Disability BenefitsSocial Security ActAlcohol AbuseDrug AddictionBack InjuryGunshot WoundMedical EvidenceAdministrative LawJudicial ReviewFederal Rules of Civil Procedure
References
13
Case No. MISSING
Regular Panel Decision

Romano v. Stanley

Marie Romano sued Harold Stanley's estate and three establishments (Jack’s Oyster House, Martel’s of Broadway, and Dee Dee’s Tavern) under the Dram Shop Act after being injured in an automobile accident caused by Nancy Stanley, who was allegedly intoxicated. Jack’s Oyster House and Martel’s of Broadway moved for summary judgment, arguing Stanley was not "visibly intoxicated" when served alcohol on their premises. Plaintiff submitted an expert’s affidavit based on Stanley’s high blood and urine alcohol levels, asserting she must have been visibly intoxicated at the time. The Supreme Court denied summary judgment, and the Appellate Division affirmed. The Court of Appeals reversed, holding that an expert's affidavit relying solely on blood alcohol content to infer visible intoxication, without a stated scientific basis or personal professional experience in judging live intoxication manifestations, is speculative and conclusory and lacks sufficient probative force to defeat summary judgment.

Dram Shop ActVisible IntoxicationBlood Alcohol ContentExpert TestimonySummary JudgmentForensic PathologistCircumstantial EvidenceAlcoholic Beverage Control LawSufficiency of EvidenceAppellate Review
References
15
Case No. ADJ8838013
Regular
Dec 01, 2016

AARON CARRILLO vs. LLG CORPORATION, DBA FRESCO II, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a busboy who injured himself in a car accident after consuming alcohol on his employer's premises after his shift. The applicant sought workers' compensation, arguing that his injuries arose out of and in the course of employment, with alcohol use being a customary incident. The Board denied reconsideration, affirming the WCJ's finding that the applicant did not sustain an industrial injury. The applicant's presence and drinking were deemed personal socializing, not an employer-sanctioned or expected activity, thus not meeting the AOE/COE standard.

AOE/COEcustomary incident of employmentpost-shift intoxicationreasonable expectancy of employmentintoxication defenseproximate and substantial causeMcCarty v. Workers' Comp. Appeals Bd.social patroncredibility determinationLabor Code section 3600
References
9
Case No. MISSING
Regular Panel Decision

Balk v. Austin Ford Logan, Inc.

Decedent was killed in an automobile accident while returning from a sales call after consuming alcoholic beverages. Her husband, the claimant, filed for workers’ compensation benefits which were denied on the grounds that the accident was solely due to intoxication. The Board’s decision was supported by substantial evidence including eyewitness testimony, police investigation, and medical evidence indicating alcohol as the underlying cause and a factor in high speed. No evidence suggested wet pavement contributed to the accident. The appellate court affirmed the Board's decision.

Automobile AccidentIntoxication DefenseCausationSubstantial EvidenceAppellate ReviewClaim DenialAlcohol ConsumptionSales CallDecedent BenefitsEyewitness Testimony
References
0
Showing 1-10 of 134 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational